LIS PENDENS AND PURCHASERS ORDINANCE
Title
LIS PENDENS AND PURCHASERS ORDINANCE
Description
Lis Pendens.
No. 10 of 1856.
An Ordinance for Lis Pendens and Purchasers.
[29th May, 1856.]
EE it enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, in
manner following ; that is to say :-
1. The provisions of the Ordinance No. 3 of 1844, respecting
judgments, (subject to the provisions hereinafter contained) shall extend
to 'Liter Pendentes,' within the intent and meaning; of the Acts of
Parliament passed in the second and third, years of Her Majesty, chapter
eleven, and the thirteenth and fourteenth years of Her said Majesty,
chapter thirty-five.
2. The -memorial of any such I' Lis Pendens' shall be sufficient for FoT
the purposes of the said Ordinance, if it be signed by the plaintiffs,or
memori
persons claiming to be .plaintiffs in the said 'Lis Pendens,' and contain
the names and additions of the said persons, and of the defendants or
persons whose estate is intended to be affected thereby, and the day when
the bill., information, or special case was filed, and the sum of money
thereby claimed or in controversy, yet so as that the said memorial shall
be verified in ail other,respects as. by the said Ordinance is in the
case of
judgments provided.
Lis Pendens.
No. 10 of 1856.
3. Notwithstanding the said Acts of Parliament, no 'Lie Pendens'
registry, to be
inside, and an shall be registered in the Registry of the Supreme Court,
or elsewhere
red than in the Land Office, under this Ordinance; and a 'Lie Pendens' not
.dens' not to
bind apurcha. registered in the said office, and in due conformity with
this Ordinance,
ser, &o. shall not bind any purchaser or mortgagee of the estate intended
to be
thereby affected.
Defining the 4. So much of the said Acts of Parliament and of the Acts of
~Btartenin zmt;e. , Parliament passed in the third and fourth years of
Her said Majesty,
vial Nnact
menu, . chapter eleven, and the eighteenth and nineteenth years of Her said
- Majesty, chapter fifteen, as require the re-registering of judgments and
'Lites Pendentes' after everysuccessive period of five years beginning
from
the entry thereof respectively, shall extend to all judgments, 'Lites
Pendentes,' and orders, now or hereafter to be registered in the said Land
Office; and by which it is intended to affect any estate.
5. Subject to the provisions of section eleven of the said Act of the
eighteenth and nineteenth years of Her said Majesty, chapter fifteen, for
the relief of purchasers and mortgagees for valuable consideration,
against
the judgments, Crown debts, and liabilities, of paid-off mortgagees (and
which provisions are hereby extended to this Colony,) every 'Lie Pendens'
registered or re-registered, and also every order or judgment
re-registered
in manner aforesaid, shall have the same force and effect as a judgment
registered in conformity with the said Ordinance No. 3 of 1844, and not
further or otherwise.
349
[See Ord. No. 3 of 1844 and Ord. No. 1 of 1865 s. 110.]
A 'Lis Pendens' may be registered as a judgment.
Form of memorial.
350
No other registry to be made, and an unregistered 'Lis Pendens' not to bind a purchaser, &c.
Defining the extension of certain Imperial Enactments.
Effect of registry and re-registry, and extension of 18 and 19 Vict. c. 15, s. 11.
No. 10 of 1856.
An Ordinance for Lis Pendens and Purchasers.
[29th May, 1856.]
EE it enacted and ordained by His Excellency the Governor of
Hongkong, with the advice of the Legislative Council thereof, in
manner following ; that is to say :-
1. The provisions of the Ordinance No. 3 of 1844, respecting
judgments, (subject to the provisions hereinafter contained) shall extend
to 'Liter Pendentes,' within the intent and meaning; of the Acts of
Parliament passed in the second and third, years of Her Majesty, chapter
eleven, and the thirteenth and fourteenth years of Her said Majesty,
chapter thirty-five.
2. The -memorial of any such I' Lis Pendens' shall be sufficient for FoT
the purposes of the said Ordinance, if it be signed by the plaintiffs,or
memori
persons claiming to be .plaintiffs in the said 'Lis Pendens,' and contain
the names and additions of the said persons, and of the defendants or
persons whose estate is intended to be affected thereby, and the day when
the bill., information, or special case was filed, and the sum of money
thereby claimed or in controversy, yet so as that the said memorial shall
be verified in ail other,respects as. by the said Ordinance is in the
case of
judgments provided.
Lis Pendens.
No. 10 of 1856.
3. Notwithstanding the said Acts of Parliament, no 'Lie Pendens'
registry, to be
inside, and an shall be registered in the Registry of the Supreme Court,
or elsewhere
red than in the Land Office, under this Ordinance; and a 'Lie Pendens' not
.dens' not to
bind apurcha. registered in the said office, and in due conformity with
this Ordinance,
ser, &o. shall not bind any purchaser or mortgagee of the estate intended
to be
thereby affected.
Defining the 4. So much of the said Acts of Parliament and of the Acts of
~Btartenin zmt;e. , Parliament passed in the third and fourth years of
Her said Majesty,
vial Nnact
menu, . chapter eleven, and the eighteenth and nineteenth years of Her said
- Majesty, chapter fifteen, as require the re-registering of judgments and
'Lites Pendentes' after everysuccessive period of five years beginning
from
the entry thereof respectively, shall extend to all judgments, 'Lites
Pendentes,' and orders, now or hereafter to be registered in the said Land
Office; and by which it is intended to affect any estate.
5. Subject to the provisions of section eleven of the said Act of the
eighteenth and nineteenth years of Her said Majesty, chapter fifteen, for
the relief of purchasers and mortgagees for valuable consideration,
against
the judgments, Crown debts, and liabilities, of paid-off mortgagees (and
which provisions are hereby extended to this Colony,) every 'Lie Pendens'
registered or re-registered, and also every order or judgment
re-registered
in manner aforesaid, shall have the same force and effect as a judgment
registered in conformity with the said Ordinance No. 3 of 1844, and not
further or otherwise.
349
[See Ord. No. 3 of 1844 and Ord. No. 1 of 1865 s. 110.]
A 'Lis Pendens' may be registered as a judgment.
Form of memorial.
350
No other registry to be made, and an unregistered 'Lis Pendens' not to bind a purchaser, &c.
Defining the extension of certain Imperial Enactments.
Effect of registry and re-registry, and extension of 18 and 19 Vict. c. 15, s. 11.
Abstract
349
[See Ord. No. 3 of 1844 and Ord. No. 1 of 1865 s. 110.]
A 'Lis Pendens' may be registered as a judgment.
Form of memorial.
350
No other registry to be made, and an unregistered 'Lis Pendens' not to bind a purchaser, &c.
Defining the extension of certain Imperial Enactments.
Effect of registry and re-registry, and extension of 18 and 19 Vict. c. 15, s. 11.
[See Ord. No. 3 of 1844 and Ord. No. 1 of 1865 s. 110.]
A 'Lis Pendens' may be registered as a judgment.
Form of memorial.
350
No other registry to be made, and an unregistered 'Lis Pendens' not to bind a purchaser, &c.
Defining the extension of certain Imperial Enactments.
Effect of registry and re-registry, and extension of 18 and 19 Vict. c. 15, s. 11.
Identifier
https://oelawhk.lib.hku.hk/items/show/101
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 10 of 1856
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LIS PENDENS AND PURCHASERS ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 15, 2025, https://oelawhk.lib.hku.hk/items/show/101.
